Bill Text: CA SB376 | 2021-2022 | Regular Session | Amended
Bill Title: Wildlife: prohibitions on possession, transportation, and importation of wild animals: live animal markets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB376 Detail]
Download: California-2021-SB376-Amended.html
Amended
IN
Senate
May 04, 2021 |
Amended
IN
Senate
March 04, 2021 |
Introduced by Senator Stern |
February 10, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law prohibits the importation, transportation, possession, or live release of listed wild animals, except under a revocable, nontransferable permit. Existing law permits the Fish and Game Commission, by regulation, and in cooperation with the Department of Food and Agriculture, to add or delete wild animals from the listed wild animals that are in addition to those listed by statute. Existing law requires the Department of Fish and Wildlife to publish, from time to time as changes arise, a list of animals that may not be imported or transported into this state. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under this code, is a crime.
This bill would delete the requirement for the department to publish the list and would instead require the department,
no later than December 31, 2022, to establish a list of wild animals that may not be possessed or transported within this state, or imported into this state. The bill would require the department to add and delete wild animals from this list in accordance with specified criteria. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(d)Wildlife are usually possessed in the state under the authority of a permit issued by the Department of Fish and Wildlife, among others. While that permit may include some form of health certification, it is unclear that the current processes in practice incorporate or identify all likely diseases that represent risks to humans and wildlife. Existing law provides that diseased wild animals may be destroyed, quarantined, or otherwise treated. The Veterinary Public Health Section of the State Department of Public Health also issues permits for certain species of wildlife imported into the state.
(e)
SEC. 2.
Section 391.5 is added to the Fish and Game Code, to read:391.5.
The director, or a designated representative, shall coordinate with and cooperate on wildlife trafficking with authorized representatives of the States of Oregon, Washington, and any other state. These efforts shall include, but are not limited to, notification of wildlife trafficking violations observed in this state, and any potential emerging zoonotic disease risk associated with wildlife.(a)(1)The department shall establish a list, no later than December 31, 2022, of wild animals that may not be possessed or transported within this state, or imported into this state.
(2)The department shall add a wild animal to this list if it determines that prohibiting the possession, importation, or transportation of the wild animal is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.
(3)The department shall remove a wild animal from this list if it determines that prohibiting the possession, importation, or transportation of the wild animal is not necessary to protect
public health and safety, native wildlife, or agricultural interests of the state.
(b)The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the
department.
SEC. 4.SEC. 3.
Section 2120 of the Fish and Game Code is amended to read:2120.
(a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.SEC. 5.SEC. 4.
Section 2150 of the Fish and Game Code is amended to read:2150.
(a) (1) The department, in cooperation with the Department of Food and Agriculture, may, upon application, issue a written permit to import into, possess, or transport within this state any wild animal enumerated in, or designated pursuant to, Section 671 of Title 14 of the California Code of Regulations, upon a determination that the animal is not detrimental or that no damage or detriment can be caused to agriculture, native wildlife, the public health or safety, or the welfare of the animal, as a result of the importation, transportation, or possession.SEC. 6.SEC. 5.
Section 2150.2 of the Fish and Game Code is amended to read:2150.2.
The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.SEC. 7.SEC. 6.
Section 2271 of the Fish and Game Code is amended to read:2271.
(a) A live aquatic plant or animal shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.SEC. 8.SEC. 7.
Section 2273 is added to the Fish and Game Code, to read:2273.
(a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.SEC. 9.SEC. 8.
Section 597.3 of the Penal Code is amended to read:597.3.
(a) Every person who operates a live animal market shall do all of the following:(e)Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.